Courts - What does the Constitution say about the Judicial...

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What does the Constitution say about the Judicial Branch? Almost Nothing – but did want to establish an independent judiciary Art. III establishes the Supreme Court Art. II gives the power of appointment to the President Two questions – How would the federal courts be structured? What would be there role? The Judiciary Act of 1789 Establishes a 3-tier federal court system Supreme Court – six justices Circuit Courts – abolished in 1911 District Courts Marbury v. Madison (1803) Establishes the doctrine of Judicial Review – power of the courts to review acts of other branches of government and the states Judicial Review of State Decisions established first in 1796 Facts of the case: Dispute between Feds and Dem-Rep John Adams appointed Marbury to be Justice of the Peace in Washington, D.C. On the last day of office the papers were filled out and signed but not delivered by Sec of State Marshall Jefferson orders Sec of State Madison not to deliver the papers Marbury files suit asking the Court to order Madison to deliver his papers - a right given to the Court in the Judiciary Act of 1789 Courts rules against Marbury by declaring that part of the Judiciary Act unconstitutional – it was an unconstitutional extension of the Courts power Accepted for a couple of reasons – first of all Jefferson and his forces agreed with the substance of the decision plus it was used sparingly – 1857 – Dred Scott Case The American Legal System Dual System – States and Federal Three-Tiered System
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Trial Courts – Court of original jurisdiction where cases begin Appellate Courts – Courts that generally review only findings of law made by the lower courts High Court Civil Law v. Criminal Law
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Courts - What does the Constitution say about the Judicial...

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